2 Answers
Dear Client
A threat to kill you should be taken seriously, particularly if the person has the means or opportunity to carry it out. Your immediate safety should be the priority.
If you believe you are in immediate danger, move to a safe place, avoid confronting the person and contact the police emergency helpline at 112. Let the concerned family members or friends know about the threat and keep all the evidence handy.
File a complaint in writing to the nearest police station giving the precise words of the threat, the date and time, the place, the name of the person making the threat if known, and the circumstances surrounding the situation that made you feel threatened. Retain all the threats made to you in writing, telephone conversations which are legally taped, emails, and the details of any witnesses.
Punishment of criminal intimidation under Section 351 of Bharatiya Nyaya Sanhita, 2023 can be enforced when there is any threat of hurting someone. If it is an offense is dependent upon facts and evidence.
In case of inaction by the police, file a written representation to the Superintendent of Police or any other senior police officer. In certain cases, more legal action may be taken through a court. Do not ignore the threat or attempt to resolve a dangerous situation through a private confrontation.
I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.
Dear Client,
If the threat is immediate, call 112 right away. A threat to kill is criminal intimidation under Section 351 of the Bharatiya Nyaya Sanhita, 2023. Where the threat is to cause death or grievous hurt, Section 351(3) provides punishment of up to seven years, as against up to two years for the ordinary form under Section 351(2). Go to the police station and file a written complaint setting out the date, time, place, the exact words used, and the names of any witnesses. Keep a copy along with the receipt or report number. Preserve all evidence, including messages, call recordings, call logs, and CCTV footage, and do not delete anything. Whether the police register an FIR depends on how this offence is classified in your state, since criminal intimidation is non-cognizable in some states and cognizable in others by notification. If it is treated as non-cognizable, the police will record a non-cognizable report and need the Magistrate’s permission under Section 174, BNSS before investigating, in which case a complaint to the Magistrate under Section 223, BNSS is the more direct route. If the police decline to act, send your complaint in writing to the Superintendent of Police under Section 173(4), BNSS, by registered post or email, keeping proof of dispatch, and if that also fails, apply to the Magistrate under Section 175(3), BNSS, for a direction to register and investigate.
I hope this answer helps, if you have any further queries please do not hesitate to contact us.